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BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

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<strong>Co</strong>nduct of<br />

portfolio<br />

liquidation.<br />

(e) the <strong>Co</strong>mmission.<br />

87<br />

(2) Notice of an application to the <strong>Co</strong>urt for a portfolio liquidation order in<br />

respect of a segregated portfolio of a segregated portfolio company<br />

shall be served upon<br />

(a) the company,<br />

(b) the <strong>Co</strong>mmission, and<br />

(c) such other persons, if any, as the <strong>Co</strong>urt may direct,<br />

each of whom shall be given an opportunity of making representations to the <strong>Co</strong>urt<br />

before the order is made.<br />

(3) The <strong>Co</strong>urt, on hearing an application<br />

(a) for a portfolio liquidation order, or<br />

(b) for leave, pursuant to section 152(7), to pass a resolution<br />

appointing a liquidator,<br />

may, instead of making the order sought or dismissing the application, make an<br />

interim order or adjourn the hearing, conditionally or unconditionally.<br />

(4) The <strong>Co</strong>urt may make a portfolio liquidation order subject to such terms<br />

and conditions as it considers appropriate.<br />

154. (1) The portfolio liquidator of a portfolio of a segregated portfolio company<br />

(a) may do all such things as may be necessary for the purposes<br />

set out in section 152(3); and<br />

(b) shall have all the functions and powers of the directors in<br />

respect of the business and segregated portfolio assets of, or<br />

attributable to, the segregated portfolio.<br />

(2) The portfolio liquidator may at any time apply to the <strong>Co</strong>urt<br />

(a) for directions as to the extent or exercise of any function or<br />

power;<br />

(b) for the portfolio liquidation order to be discharged or varied; or<br />

(c) for an order as to any matter arising in the course of the<br />

liquidation of the portfolio.<br />

AE/ET/Pub./bg/03.2007

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